Tori Jones of Delta is suing the city's police department claiming that a cop acted like a sexual predator after responding to her domestic dispute call. The officer, Robert Wesey Johnston was later dismissed from the force after an internal review found allegations of corrupt practice, discreditable conduct and neglect of duty proven. Jones and her partner are also suing the City of Delta and the police chief.Photo by
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A Delta woman is suing the local police department alleging that an officer engaged in predatory sexual behaviour after responding to a call of a domestic dispute.

Tori Jones says she called 911 on July 26, 2010 following some marital problems and arguments she was having with her common-law partner, Josh Van Polanen Petel.

Robert Wesley Johnston, one of the officers who responded, gave to Jones his name, personal cellphone number and Delta police department e-mail on a business card and told her if she had any problems with Josh that she could call him, says a lawsuit filed in B.C. Supreme Court.

The investigation into the domestic dispute led to no arrests or charges but Petel left the residence for the night after being asked to do so by police.

The suit alleges that after he left the premises, Johnston used a computer in his police cruiser to access databases for records about the couple.

The next day, at Johnston’s request, Jones went to court and got an order for interim custody of her and Petel’s son and also at his request a temporary 10-day restraining order against Petel.

Several days later Johnston and Jones began communicating by phone and text and on July 31, 2010, while Johnston was on duty and in uniform he met Jones in the underground parking lot of a Superstore on Scott Road and 82nd Avenue.

“Johnston committed a sexual assault and battery on Tori, the particulars of which will be provided upon request,” says the suit. Jones then left for work and about one hour later, Johnston again searched Tori’s name on the police databases.

The two met later the same day near a Home Depot store in Surrey and Johnston had her follow him in her own vehicle to a remote location where he opened his uniform pants and committed a sexual assault and battery on her, says the suit.

“Johnston then led Tori in his Delta police cruiser at speeds of up to 97 km/h in a 60 km/h zone to her place of work.”

Johnston allegedly committed another sexual assault and battery on Jones at a Delta police office on Annacis Island, after arranging to have another officer “stand six” or stand guard outside.

The officer is alleged to have allowed Jones to read confidential police files, including one about a young male who had apparently been killed.

He also purportedly played a game in which he asked her to remove his service pistol from his holster. She tried to remove the gun but was unable to do so.

The officer then led her off Annacis Island at speeds of up to 106 km/h across the Alex Fraser Bridge and at speeds of up to 122 km/h on the Richmond Connector while Jones followed him in her vehicle.

The writ details a number of other alleged sexual assaults committed by Johnston on Jones, including one in a park after he’d taken her and Petel’s two-year-old son to a restaurant for breakfast on her birthday.

Between Aug. 8 and Aug. 10, Johnston is alleged to have showed another officer a naked photo of Jones on his iPhone, after Johnston had asked her to send him photos of herself. He is alleged to have sent her a picture of himself in uniform, holding out his penis.

During the 17 days during which Johnston is alleged to have committed sexual assault and battery on Jones, “Tori was so distraught and overwhelmed by his advances that she solely drank Red Bull, a caffeinated “sports” drink and was unable to eat or sleep properly, says the suit.

After she advised Petel about the incidents involving Johnston, Petel filed a complaint with police, it says.

On Oct. 18, 2010 Johnston was suspended with pay and on March 23, 2011 the Delta police board converted the suspension with pay to suspension without pay.

An outside police investigation found that three allegations of corrupt practice, two allegations of discreditable conduct and one allegation of neglect of duty against Johnston had been proven and it was determined that Johnston be dismissed, according to the writ.

Johnston sought a review but took the position that he did not want a public hearing and when the office of the police complaint commissioner decided a public hearing was necessary, the discipline proceedings were concluded and he remained dismissed, it says.

Petel is also named as a plaintiff in the case.

Johnston is being sued for general, aggravated, exemplary and punitive damages. Other named defendants are the corporation of Delta, the Delta police department and its chief.

The Delta police department could not be reached.

No response has been filed to the civil claim and the allegations contained in the suit have not been proven in court.

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